SB22: Bill Text

SB22, s. 8 Section 8. 40.02 (28) of the statutes is amended to read:

SB22,5,24 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any charter school under contract with a school board or with an entity specified in s. 118.40 (2r) (b) 1., any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

SB22, s. 9 Section 9. 40.02 (36) of the statutes is amended to read:

SB22,6,12 40.02 (36) "Governing body" means the legislature or the head of each state agency with respect to employees of that agency for the state, the common council in cities, the village board in villages, the town board in towns, the county board in counties, the school board in school districts, or the board, commission or other governing body having the final authority for any other unit of government, for any agency or instrumentality of 2 or more units of government, for any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, for a local exposition district created under subch. II of ch. 229, for a charter school under contract with a school board or with an entity specified in s. 118.40 (2r) (b) 1., or for a long-term care district created under s. 46.2895, but does not include a local cultural arts district created under subch. V of ch. 229.

SB22, s. 10 Section 10. 40.51 (1) of the statutes is amended to read:

SB22,6,17 40.51 (1) The procedures and provisions pertaining to enrollment, premium transmitted and coverage of eligible employees and employees eligible for health care coverage under s. 40.515 for health care benefits shall be established by contract or rule except as otherwise specifically provided by this chapter.

SB22, s. 11 Section 11. 40.515 of the statutes is created to read:

SB22,7,2 40.515 Health care coverage for individuals employed by charter school governing boards. Beginning on the January 1 that first occurs after the effective date of this subsection .... [LRB inserts date], any charter school governing board operating a charter school under contract with the charter school authorizing board may elect coverage for its employees under any health care coverage plan offered to local government employees under s. 40.51 (7), during any applicable enrollment period, subject to any conditions established by contract or by rule under s. 40.51 (1).

SB22, s. 12 Section 12. 111.81 (7) (f) of the statutes is amended to read:

SB22,7,6 111.81 (7) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2009 stats.

SB22, s. 13 Section 13. 111.815 (1) of the statutes is amended to read:

SB22,8,9 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements except that the department of health services, subject to the approval of the federal centers for medicare and medicaid services to use collective bargaining as the method of setting rates for reimbursement of home care providers, shall negotiate and administer collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements, the office, or the department of health services with regard to collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g), shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining units specified in s. 111.825 (1m), (2) (f), and (2g), the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2009 stats., is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2g), the department of health services is responsible for the employer functions of the executive branch under this subchapter.

SB22, s. 14 Section 14. 111.825 (2) (f) of the statutes is amended to read:

SB22,8,13 111.825 (2) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2009 stats.

SB22, s. 15 Section 15. 111.92 (1) (c) of the statutes is amended to read:

SB22,8,20 111.92 (1) (c) Any tentative agreement reached between the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2009 stats., acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (2) (f) shall, after official ratification by the labor organization and approval by the chancellor of the University of Wisconsin-Parkside, be executed by the parties.

SB22, s. 16 Section 16. 115.001 (1) of the statutes is amended to read:

SB22,8,24 115.001 (1) Charter school. "Charter school" means a school under contract with a school board under s. 118.40 or with one of the entities under s. 118.40 (2r) (b), or a school established and operated by one of the entities under s. 118.40 (2r) (b).

SB22, s. 17 Section 17. 115.001 (16) of the statutes is amended to read:

SB22,9,5 115.001 (16) Virtual charter school. "Virtual charter school" means a charter school under contract with a school board under s. 118.40 in which all or a portion of the instruction is provided through means of the Internet, and the pupils enrolled in and instructional staff employed by the school are geographically remote from each other.

SB22, s. 18 Section 18. 118.19 (14) of the statutes is created to read:

SB22,9,11 118.19 (14) The department shall promulgate rules establishing a charter school teaching license that allows the licensee to teach multiple subjects in a charter school. The rules shall require the applicant to demonstrate competence in each subject that he or she wishes to teach and shall provide the applicant several means of doing so.

SB22, s. 19 Section 19. 118.395 of the statutes is created to read:

SB22,9,16 118.395 Charter school authorizing board; executive director, staff. (1) The charter school authorizing board shall appoint an executive director outside the classified service. The executive director shall coordinate the activities of the board and exercise such further powers, functions and duties as the board prescribes.

SB22,9,20 (2) The executive director of the charter school authorizing board may employ 4 professional staff members outside the classified service. Subject to authorization under s. 16.505, the executive director may employ additional professional staff members outside the classified service.

SB22, s. 20 Section 20. 118.40 (2m) (a) of the statutes is amended to read:

SB22,9,25 118.40 (2m) (a) A school board may on its own initiative contract with a person nonprofit corporation to operate a school as a charter school. The contract shall include all of the provisions specified under sub. (1m) (b) and may include other provisions agreed to by the parties.

SB22, s. 21 Section 21. 118.40 (2r) (b) 1. (intro.) of the statutes is amended to read:

SB22,10,5 118.40 (2r) (b) 1. (intro.) All Any of the following entities may establish by charter and operate a charter school or, on behalf of their respective entities, may initiate a contract with an individual or group a nonprofit corporation to operate a school as a charter school:

SB22, s. 22 Section 22. 118.40 (2r) (b) 1. e. and f. of the statutes are created to read:

SB22,10,8 118.40 (2r) (b) 1. e. The board of control of a cooperative educational service agency.

SB22,10,9 f. The charter school authorizing board.

SB22, s. 23 Section 23. 118.40 (2r) (b) 2. of the statutes is amended to read:

SB22,10,19 118.40 (2r) (b) 2. A charter shall include all of the provisions specified under sub. (1m) (b) 3. to 14. A contract shall include all of the provisions specified under sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the charter school on the liability of the contracting entity under this paragraph. The contract may include other provisions agreed to by the parties. The chancellor of the University of Wisconsin-Milwaukee or of the University of Wisconsin-Parkside may not establish or enter into a contract for the establishment of a charter school under this paragraph without the approval of the board of regents of the University of Wisconsin System.

SB22, s. 24 Section 24. 118.40 (2r) (b) 3. (intro.) of the statutes is amended to read:

SB22,11,3 118.40 (2r) (b) 3. (intro.) If the chancellor of the University of Wisconsin-Parkside contracts for the establishment of a charter school, the contract shall also provide that the charter school must be operated by a governing board and that the chancellor or his or her designee must be a member of the governing board. In addition, if and the contract provides that the instructional staff of the charter school shall consist of employees of the board of regents of the University of Wisconsin System, the contract shall also include provisions that do all of the following:

SB22, s. 25 Section 25. 118.40 (2r) (b) 4. of the statutes is repealed.

SB22, s. 26 Section 26. 118.40 (2r) (bm) of the statutes is amended to read:

SB22,11,15 118.40 (2r) (bm) The common council of the city of Milwaukee, the chancellor of the University of Wisconsin-Milwaukee, and the Milwaukee area technical college district board may only establish or enter into a contract for the establishment of a charter school located in the school district operating under ch. 119. The chancellor of the University of Wisconsin-Parkside may only establish or enter into a contract for the establishment of a charter school located in a unified school district that is located in the county in which the University of Wisconsin-Parkside is situated or in an adjacent county. The board of control of a cooperative educational service agency may only contract for the establishment of a charter school located in the agency's territory.

SB22, s. 27 Section 27. 118.40 (2r) (c) and (cm) of the statutes are repealed.

SB22, s. 28 Section 28. 118.40 (2r) (d) (intro.) of the statutes is amended to read:

SB22,11,19 118.40 (2r) (d) (intro.) The chartering or contracting entity under par. (b) shall do all of the following:

SB22, s. 29 Section 29. 118.40 (2r) (e) 2. of the statutes is amended to read:

SB22,12,3 118.40 (2r) (e) 2. If the chancellor of the University of Wisconsin-Parkside establishes or contracts for the establishment of a charter school under this subsection, in March the department shall pay to the unified school district in which the charter school is located, from the appropriation under s. 20.255 (2) (fm), an amount equal to the amount of school aid per pupil to which the unified school district is eligible in the current school year multiplied by the number of pupils attending the charter school who attended the charter school in the 2010-11 school year and who were previously enrolled in the unified school district.

SB22, s. 30 Section 30. 118.40 (2r) (f) of the statutes is amended to read:

SB22,12,10 118.40 (2r) (f) If the chancellor of the University of Wisconsin-Parkside establishes or contracts for the establishment of a charter school under this subsection, biennially the chancellor shall submit a report to the legislature under s. 13.172 (2). The report shall include information on the academic performance of the pupils who attend the charter school and on the success of the governance structure of the charter school.

SB22, s. 31 Section 31. 118.40 (2r) (g) of the statutes is created to read:

SB22,12,15 118.40 (2r) (g) If a school board leases a building to the governing body of a charter school, the lease may not include a provision specifying that it terminates if the lessee enters into a contract with an entity under par. (b) to operate a charter school.

SB22, s. 32 Section 32. 118.40 (3) (d) of the statutes is renumbered 118.40 (3m) (c) and amended to read:

SB22,12,20 118.40 (3m) (c) A school board or an entity under sub. (2r) (b) shall give Give preference in awarding contracts for the operation of charter schools to those charter schools that serve children at risk, as defined in s. 118.153 (1) (a).

SB22, s. 33 Section 33. 118.40 (3) (e) of the statutes is renumbered 118.40 (3m) (b) and amended to read:

SB22,13,2 118.40 (3m) (b) When establishing or When contracting for the establishment of a charter school under this section, a school board or entity specified under sub. (2r) (b) shall consider adhere to the principles and standards for quality charter schools established by the National Association of Charter School Authorizers.

SB22, s. 34 Section 34. 118.40 (3) (f) of the statutes is created to read:

SB22,13,7 118.40 (3) (f) A contract with a school board or an entity under sub. (2r) (b) may provide for the establishment of more than one charter school, and a charter school governing board may enter into more than one contract with a school board or entity under sub. (2r) (b).

SB22, s. 35 Section 35. 118.40 (3) (g) of the statutes is created to read:

SB22,13,12 118.40 (3) (g) Except as provided in sub. (4) (ar) 1., a contract with a school board or an entity under sub. (2r) (b) shall require that if the capacity of the charter school is insufficient to accept all pupils who apply, the charter school shall accept pupils at random.

SB22, s. 36 Section 36. 118.40 (3m) (intro.) of the statutes is created to read:

SB22,13,15 118.40 (3m) Charter school authorizer duties. (intro.) A school board or entity under sub. (2r) (b) shall do all of the following:

SB22, s. 37 Section 37. 118.40 (3m) (a) and (d) to (f) of the statutes are created to read:

SB22,13,17 118.40 (3m) (a) Solicit and evaluate charter school applications.

SB22,13,19 (d) Approve only high quality charter school applications that meet identified educational needs and promote a diversity of educational choices.

SB22,13,22 (e) In accordance with the terms of each charter school contract, monitor the performance and compliance with this section of each charter school with which it contracts.

SB22,13,24 (f) Annually, submit to the state superintendent and to the legislature under s. 13.172 (2) a report that includes all of the following:

SB22,14,5 1. An identification of each charter school operating under contract with the school board or entity under sub. (2r) (b), each charter school that operated under a contract with the school board or entity but had its contract nonrenewed or revoked or that closed, and each charter school under contract with the school board or entity that has not yet begun to operate.

SB22,14,7 2. The academic and financial performance of each charter school operated under contract with the school board or entity under sub. (2r) (b).

SB22,14,10 3. The services the school board or entity under sub. (2r) (b) has provided to the charter schools under contract with it and an itemized accounting of the cost of the services.

SB22,14,13 4. The operating costs of the school board or entity under sub. (2r) (b) incurred under pars. (a) to (e), detailed in an audited financial statement prepared in accordance with generally accepted accounting principles.

SB22, s. 38 Section 38. 118.40 (4) (title) of the statutes is amended to read:

SB22,14,16 118.40 (4) (title) Charter school governing board; duties, powers, and restrictions.

SB22, s. 39 Section 39. 118.40 (4) (a) of the statutes is renumbered 118.40 (4) (ar), and 118.40 (4) (ar) (intro.), as renumbered, is amended to read:

SB22,14,20 118.40 (4) (ar) Duties. (intro.) A charter school governing board shall do all of the following:

SB22, s. 40 Section 40. 118.40 (4) (ag) of the statutes is created to read:

SB22,15,2 118.40 (4) (ag) Governing board. Each charter school shall be organized as a nonprofit corporation and shall be governed by a governing board that is a party to the contract with the authorizing entity. No governing board member may be a member or employee of the governing body of the authorizing entity. No more than a minority of the governing board's members may be charter school staff.

SB22, s. 41 Section 41. 118.40 (4) (ar) 3. of the statutes is created to read:

SB22,15,11 118.40 (4) (ar) 3. If the governing board is under contract with the charter school authorizing board, annually pay to the board a fee equal to the amount determined by dividing the operational costs of all charter schools that it operated under contract with the board in the previous school year by the total number of pupils enrolled in all such charter schools in the previous school year and multiplying the quotient by 0.02. In order to determine the fee payable in the first school year of operation, the charter school governing board shall estimate its total operational costs and total pupil enrollment in that school year.

SB22, s. 42 Section 42. 118.40 (4) (c) of the statutes is renumbered 118.40 (3) (h) and amended to read:

SB22,15,19 118.40 (3) (h) Single-sex schools and courses. A school board may enter into a contract for, and an entity under sub. (2r) may establish or enter into a contract for, the establishment of a charter school that enrolls only one sex or that provides one or more courses that enroll only one sex if the school board or entity under sub. (2r) makes available to the opposite sex, under the same policies and criteria of admission, schools or courses that are comparable to each such school or course.

SB22, s. 43 Section 43. 118.40 (4) (d) of the statutes is created to read:

SB22,15,23 118.40 (4) (d) Powers. Subject to the terms of its contract, a charter school governing board has all the powers necessary to carry out the terms of its contract, including the following:

SB22,15,24 1. To receive and disburse funds for school purposes.

SB22,15,25 2. To secure appropriate insurance.

SB22,16,4 3. To enter into contracts, including contracts with a University of Wisconsin institution or college campus, technical college district board, or private college or university, for technical or financial assistance, academic support, curriculum review, or other services.

SB22,16,5 4. To incur debt in reasonable anticipation of the receipt of funds.

SB22,16,7 5. To pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit.

SB22,16,8 6. To solicit and accept gifts or grants for school purposes.

SB22,16,9 7. To acquire real property for its use.

SB22,16,10 8. To sue and be sued in its own name.

SB22, s. 44 Section 44. 118.40 (4) (e) of the statutes is created to read:

SB22,16,15 118.40 (4) (e) Immunity from civil and criminal liability. A school board or an entity under sub. (2r) (b), and its officers and employees, are immune from civil and criminal liability for any activities of a charter school with which the school board or entity under sub. (2r) (b) contracts.